Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-07

1t Is singular u fortunate tnat INC
Democrats who will claim seats IN the
United States Senate, to succeed Republl-
cans whose terms are about expiring, will
base their claims on tainted titles. Turple,
of Illinois, and Hearst, of California, were
elected by Legislatures unlawfully constl-
tinted. The new claimant for Senator
Camden's vacant seat Ome without q le-
! seyehRointment. There are liable to be
vacant tilt inthe Senate that will remain
Republican majorrtS legally filled. The
should not be offset by Dehrsmall that II
valid titles to their seats.-ChI6GgltnOut
ing Journal Rep.
We take il for granted that Governor
Wilson has not appointed Mr.. Lucas
United States Senator, but merely OK
pressed his intention to do so. He vii
have no right to appoint a United State
| Senator until after Mr.. Camden's term eN
pircs-on the 4th of March. Then he caI
appoint n Senator to hold only until tn,
next meeting" this is the word in thI
Federal Constitution of the Legislature
whether regular, general, special, par
ticular OF called" To quote a West Nir
giniO lawyer. And no provision of tn,
law OF the Constitution of West Virgin;
can diyest the Legislature Of the power Il
elect at its first session. 1t is folly to quote
State laws against the Federal COnStitu
ItiOn. We mention this fact because W.
have seen it stated that the Constitution o.
West Virginia provides that ut a specia
session only such business can he ram
acted as is specified in the Governors call
Il III tb,N Nka ltnuarpnr Of ANaSk Viz
ginia will cali an extra session of the Leg
stature in April. If, then, there be M
extra session of Congress this spring, and
the Legislature succeeds in electing u Uni
ted States Senator in April, Mr.. Lucas
will never take a seat in the Senate. lie
can, however, draw his salary by the
month after the 18th of March.
There is great dissatisfaction amongst
the Democrats of West Virginia because
the leader OF the anti caucus Democrats Is
to be Mr.. Camden's successor. Richmond
Dispatch DEM.
The election of a Democratic Senator in
New Jersey, and the appointment Of a
Democratic Senator by the Governor OF
West Virginia, arc not rs welcome nor rs
encouraging as they might he if they
marked the victory of the Democracy and
not of n Democratic faction in both OF
those States. An end has come tO tive
long, bitter and weary contests, but it can
hardly he esteemed a satisfactory end. II
is easy To say that it is better that 4 Dem,
Ocrat should become y Senator than a Re
publican, and yet it is conceivable that
there may he cases where the reverse is the
truth. Without undertaking to declare
that such is the ease with the new Sen,
ators from New Jersey and West Virginia,
it is still doubtful il in the long run tn,
apparent gain of a Senator in the former
State will I've 4 permanent advantage ia
the new Jersey Democracy, or if the sub,
stitutiOn of Mr.. Lucas for Mr.. Camden
will increase the Democratic strength III
West Virginia.
In West Virginia the result must he re.
garded IA similarly unfortunate. There
the persistent opposition. of n minority Ol
the Democrats in the Legislature prevent,
ell the reelection of Mr.. Camden. Mr..
Daniel ID. Lucas, who has been actively
opposed both to Mr.. Camden and to Sena-
tor kenna, was the head and front of the
Democratic minority which stood out
against the reelection of the former; and
he has been rewarded for his opposition by
being appointed by Gov. Wilson tn succeed
Mr.. Camden. Mr.. Lucas is said To he a
man OF ability, but he represents a faction.
and his successful fight against Mr.. Cam
den does not promise any permanent good
to the Democracy.
The Republicans have for some time had
their eyes upon West Virginia, and the
anti Democratic elements in that State are
certainly formidable. The struggle be-
tween protection and free trade is going on
there as in no other Southern State; and if
the Democrats continue to find amusement
i'm cutting one anOther's threats, the elect
oral vote of West Virginia may yet have
to lie counted ON the other side. The
movement against Mr.. Camden was called
An anti-mOnOpOly movement, but names
do not alter facts. The defeat of the ma
iOrity must always he an anti Democracy
movement.-Ner York Sun Dem. }.
The adjournment of the West Virginia
Legislature without electing a United
States Senator was followed by the APP
pOintment of Mr.. Lucas to fill the position
by the Governor. But the probabilities
are that Lucas will never sit in the seat
".~ occupied by Senator Camden, who
Jailed ~ reelection. The appointment
was made on Uuo theory that the Governor
has the right To fill vacancies, however
they may occur. This alleged right, how
ever, has never been fully conceded by the
Senate to apply to n vacancy which the
Legislature Of a State, being in session.
has refused to fill. In 1885 the Governor
OF Oregon refused to make an appointment
wheD.the Legislature failed to elect, and
reconvened that body for the special pur-
pose Of filling the vacancy We do not
recall any precisely narslIsl ~~~-LHL
Deen passed upon by the Senate. In 1879,
when the Governor of New Hampshire ap-
pointed Chas. II. Bell to ill a vacancy oc-
curing on March 4, which the Legislature
would not have an opportunity to act upOa
until June, not being i'm session, the Sen
ate Committee on Elections reported
against his admission, q to 3, the Demo
Gratis having \ majority in the Senate and
the COMMITTEES. Bell was seated nv a
vote Of b To -, most of the Democrats
voting against admission and the Republi-
ans in favor Of it, COnkling, Carpenter,
of Wisconsin, and Davis, of Illinois, three
OF the best lawyers in the Senate and in
the nation, took the ground that the va
cancy vas not such \ one rs the Governor
was authorized to fill. The West Virginia
case presents far stronger reasons against
the right Of the Governor to appoint, for
the Legislature qualified TO elect was in
session during the period when a choice
should ave been made.
The present status of the West Virginia
Senatorship, which it was supposed would
certainly he filed by the election i'm due
form of a Democrat, is such rs To still fur
ther weaken Democratic hopes of cutting
much Of n figure in the Senate of the
Fiftieth Congress. OF the Senators elected
thirty-nine are Republican, a majority, and
thirty-fnur are Democrats. The fraudu-
lent election of Turpie in Indiana, who
will never be seated; the probability of a
decision against Lucas, oftWest Virginia;
and the deadlock in New Jersey, make il
appear that the Democrats will never have
than Nbtrfv- fam ,-nNn, -, Al, S.n.4s